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Keywords

citizenship
citizenship

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Downs v. Holder

Facts

Jane Waitherero Downs, a citizen of Kenya, entered the U.S. as a non-immigrant student in 2002. While studying, she falsely claimed U.S. citizenship on employment forms to secure a job. After marrying a U.S. citizen, she applied for adjustment of status, but her application was denied due to her false claims. Downs contested the use of her I-9 forms and educational records in the removal proceedings, arguing they were obtained in violation of her rights.

Jane Waitherero Downs, born Jane Waitherero Itota, is a national and citizen of Kenya. She was admitted to the United States in 2002 as a non-immigrant student to study at Wichita State University in Kansas. While pursuing her studies, Downs became aware of available employment at a nursing home. As the position required completion of a course of study as a nursing assistant, Downs twice applied to take a nursing assistant course offered through Hutchison Community College (HCC). On each application, Downs marked a box indicating she was a United States citizen.

Issue

Whether the exclusionary rule applies in removal proceedings to suppress evidence obtained in violation of statutory rights under the Family Educational Rights and Privacy Act.

The remaining question is whether a removal proceeding regarding a false claim to United States citizenship is a proceeding to enforce the INA.

Rule

The court ruled that the exclusionary rule is generally unavailable in removal proceedings, particularly for mere statutory violations, unless there is an egregious violation of constitutional rights.

Courts should be even more wary of extending the exclusionary rule to mere statutory violations in the civil removal context.

Analysis

The court determined that the use of I-9 forms in removal proceedings was permissible under the Immigration and Nationality Act, as the proceedings were aimed at enforcing the INA. It also noted that the exclusionary rule is not applicable in civil removal contexts for statutory violations, emphasizing the need for a significant constitutional breach to warrant exclusion.

Mindful of these principles, we conclude that, absent an egregious violation of the Fourth Amendment or other liberty which transgresses the fundamental fairness of the removal proceedings or affects the probative value of the evidence obtained, the exclusionary rule is not available in the removal context to remedy a mere statutory violation.

Conclusion

The Eighth Circuit denied Downs' petition for review, affirming the BIA's decision that the I-9 forms were admissible and that the exclusionary rule did not apply.

The petition for review is denied.

Who won?

The government prevailed in the case, as the court upheld the use of the I-9 forms and denied the application of the exclusionary rule in removal proceedings.

The government prevailed in the case, as the court upheld the use of the I-9 forms and denied the application of the exclusionary rule in removal proceedings.

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